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Can Police Use Evidence Gathered Illegally?

One of the most frustrating experiences a person can face is being illegally searched by the police. Most of the time, the police follow the rules but there are times when they bend the rules to collect evidence. When this occurs, they cannot use any evidence they have gathered from the illegal search. It is important to have an experienced criminal defense lawyer handle your case in order to successfully have this evidence thrown out.

The most difficult part of having evidence dismissed is proving that a particular search was illegal. If a defendant raises this issue, the burden will be on them to prove that a particular search was illegal. This can be extremely difficult. It requires a careful examination of the facts and the circumstances surrounding a particular arrest. A defense attorney experienced in these cases knows exactly what to look for in an arrest.

As soon as something illegal happens, anything that happens after this act cannot be used in court. This is a doctrine called “fruit of the poisonous tree.” An example would be police stopping over an African American driver solely because of the color of his skin. If the police find something illegal in the car with no basis for searching them, they can’t use evidence gathered from the stop. Since the initial stop was illegal, anything gathered from the stop would be inadmissible.

At Kroll & Johnson, we have experience helping those who have been treated unfairly by the police. We understand how frustrating this experience can be and we will do everything possible to have any evidence against you dismissed. We will make sure that your rights are respected by the court. For a free consultation to discuss the circumstance of your arrest, contact Kroll & Johnson right away.

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